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Could the Allies have Bombed Auschwitz? Controversy and Reality

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Dr. Rafael L. Medoff, executive director of the David S. Wyman Institute for Holocaust Studies once again on the eve Yom Ha Shoah 2016 raised the issue of why the allies couldn’t have bombed the death factory at Auschwitz Birkenau during 1944. A period when the USAAF 8th and 15th Air Forces were already bombing oil refineries and the Buna works less than five miles away. Medoff is the author of FDR and the Holocaust, A Breach of Faith.

Auschwitz-Burkenau Extermination Camp 8 15 1944What prompted revisiting this controversy was a Jerusalem Post article by Medoff critical of a  2015 book exonerating  FDR’s role in the decision not to bomb the Auschwitz- Birkenau, “New Whitewash of FDR;’s failure to bomb Auschwitz.”  Medoff wrote:

Alonzo Hamby is the author of a 2015 biography of president Franklin D. Roosevelt which defends FDR’ s failure to bomb Auschwitz, on the grounds that it was too far away for US planes to reach. George McGovern, the US senator and 1972 Democratic presidential nominee, was one of the World War II pilots who actually bombed oil sites at Auschwitz – proving that it was, in fact, not out of reach at all.

Hamby is a prominent historian and the author of a biography of Harry S. Truman as well as several other well-received books [wrote]:

“The death camps were located in areas largely beyond the reach of American military power,” Hamby writes in Man of Destiny: FDR and the Making of the American Century. And: “Auschwitz was in a Soviet area of operations and at the outer limit of American bomber range.”

And yet, American bombers did repeatedly bomb German oil factories that were situated in the slave labor sections of Auschwitz.

On August 7, 1944, US bombers attacked the Trzebinia oil refineries, just 21 km. from the gas chambers. On August 20, 127 US bombers… struck oil factories less than 8 km. from the gas chambers.

A teenage slave laborer named Elie Wiesel witnessed the August 20 raid. A glance at Wiesel’s best-selling book Night would have enlightened Hamby. Wiesel wrote: “If a bomb had fallen on the blocks [the prisoners’ barracks], it alone would have claimed hundreds of victims on the spot. But we were no longer afraid of death; at any rate, not of that death. Every bomb that exploded filled us with joy and gave us new confidence in life. The raid lasted over an hour. If it could only have lasted ten times ten hours!”

There were additional Allied bombings of the Auschwitz oil factories throughout the autumn.

My late brother in law as serving officer during  WWII was involved with the planning and deployment of  US 8th Air Force B-17’s based on Poltava in the Western Ukraine less than 120 miles from Auschwitz that flew some of those missions. Another late acquaintance, who was lead navigator for Gen Ira Eaker of the 15th USAAF based at Foggia, Italy  recalled using the crematoria as aiming points for bombing missions on the I.G. Farben Buna-Monwitz  works less than five miles away.

What follows  are excerpts from my 2009  and 2012 New English Review articles  summarizing the controversy, feasibility and reality of whether USAAF bombing runs  could have destroyed the Auschwitz Birkenau complex in 1944.

The Bombing of Auschwitz controversy

On September 9, 2003, a squadron of Israeli Air Force (IAF) F-15’s flew over Auschwitz in southern Poland directly from Israel. The squadron flew the ‘missing man’ formation symbolic of the Six Million European Jewish men, women and children murdered in unspeakable ways by the Nazi death camp machinery in the Final Solution, the Holocaust, or Shoah. An Agence France Presse report noted:

The F-15s, emblazoned with the Star of David, were piloted by the sons or grandsons of Holocaust victims who perished in Poland, according to the Israeli ambassador to Warsaw.

An Israeli air force statement said that as the jets flew low across the sky the pilot leading the squadron, General Amir Eshel, said: “We pilots of the air force, in the skies over these camps of shame, have risen from the ashes of millions of victims. We are the voice for their silent calls. We salute their heroism and promise to be the shield of the Israeli homeland.”

Watch this You Tube video of the 2003 IAF flyover of Auschwitz Birkenau:

The flyover of Auschwitz by the IAF was objected to by the Auschwitz Birkenau Museum as inappropriate to venerate the 1.4 million Jews murdered at the death camp complex. It was nevertheless symbolic on several levels.

It demonstrated that a Jewish sovereign nation would not permit another existential annihilationist assault, as it had the ability to take up arms to pre-empt it. There was no Jewish nation with an Army, Navy and Air Force to prevent the madness of Hitler’s Holocaust during WWII.

It brought into question what Allied air power might have done to disrupt and destroy the killing machinery at Auschwitz Birkenau, when it had the intelligence, aircraft, and crews in Italy and the Ukraine in 1944, which could have undertaken missions that might have saved hundreds of thousands of Hungarian and other European Jews from death. Dr. David Wyman, a critic of Allied war efforts to destroy death camps, estimated that an air assault might have spared the lives of 150,000 Jews whose progeny today might number more than 2 million.

In 1998, during the 50th Anniversary of the establishment of Israel, Prime Minister Benyamin Netanyahu visited Auschwitz on another Yom Ha Shoah and criticized the Allied lack of effort to save European Jews by striking at the death camp from the air:

All that was needed was to bomb the train tracks. The Allies bombed the targets nearby. The pilots only had to nudge their crosshairs.

You think they didn’t know? They knew. They didn’t bomb because at the time the Jews didn’t have a state, nor the political force to protect themselves.

The ‘what if’ question of ‘Could the Allies have bombed Auschwitz?’ and the killing machinery to save Jews, especially the nearly 433,000 Hungarian Jews who went to their deaths between May 2nd and July 13th, 1944 has been the subject of controversy since the liberation of the death camp on January 27, 1945. It has been the subject of intensive research and debate.

In 1978 Professor David S. Wyman brought the matter to a head in an article –“Why Auschwitz was Never Bombed,” Commentary 65, May, 1978  – on the feasibility of special air operations using the ‘wonder planes’ of WWII, the British Mosquitoes and the American Lockheed P-38’s. The speedy and highly maneuverable DeHaviland Mosquitoes were made out of marine plywood.  Wyman said if the RAF could use the Mosquitoes in special ops to free European resistance fighters, why not use it to stop the killing machinery in Auschwitz. Wyman later expanded on this in his 1984 bestselling book, “The Abandonment of the Jews.” Wyman further said:

 …there is no question that bombing the gas chambers and crematoria would have saved many lives. ….without gas chambers and crematoria, the Nazis would have to reassess the extermination program.

Within a year after the publication of the Wyman article, the first archival aerial photos of the Auschwitz Birkenau death camp complex were released based on an analysis by photo intelligence expert Dino Brugioni of the CIA. They clearly indicated that British and U.S. Air Forces had targeting information in their files as early as the spring of 1944 with which to develop possible missions.

In 2000, the National Holocaust Memorial published a symposium on the ‘what if’ question of “The Bombing of Auschwitz: Should the Allies Have Attempted it?’ edited by Michael J. Neufeld and Michael Berenbaum pulling together the contending arguments and supporting data and information.

NSA Historian Hanyok’s conclusion, in a 2005 study, “Eavesdropping on Hell, was that institutional anti-Semitism in both London and Washington, DC, despite Churchill’s instructions to his Air Minister ‘to do everything possible’ and the overarching objective of destroying the Nazi war fighting capabilities led responsible officials to consider proposals for bombing the railway marshaling and, railway lines and the Birkenau killing center gas chambers and crematoria as a ‘diversion.”

Washington officials, especially Assistant Secretary of War, John J. McCloy considered such requests as ‘impossible” and ‘risky,’ given the air war commitments in the European Theater of Operations. Later McCloy put the onus on FDR for making the decision not to bomb Auschwitz.

McCloy was quoted by Miller as saying:

bombing the camp would involve a diversion of considerable air support essential to the success of our forces now engaged in decisive operations.”

A Mission to Auschwitz would be an Eight Air Force operation, a highly risky ‘round trip flight unescorted of approximately 2000 miles over enemy territory.

A 2012 study by the US  Holocaust Memorial Museum (USHMM) in Washington, DC reveals the opposition by WWII American President, Franklin Delano Roosevelt (FDR) to bombing the Auschwitz Birkenau death complex in Southern Poland in the summer of 1944.  The findings of the USHMM study on wartime allied and Jewish Zionist leaders over the decision not to bomb Auschwitz were the subject of an EnerPub article, “Franklin Delano Roosevelt’s Sin of Omission: Auschwitz” by former US diplomat, Martin Barillas.  Barillas noted the contrast with Britain’s wartime leader, Sir Winston Churchill:

 Churchill appeared interested in a military strike against the camps. He told Foreign Secretary Anthony Eden that Hitler’s war against the Jews was “probably the greatest and most horrible crime ever committed in the whole history of the world,” adding, “Get everything out of the Air Force you can, and invoke me, if necessary.” In July 1944 Churchill was told that U.S. bomber pilots could do the job best, but that it would be “costly and hazardous.”

The Feasibility of Bombing Auschwitz

In contrast to McCloy’s misleading statements, the reality was we could have done that and more. The resources involved-aircraft sorties, bomb ordnance and air crew losses were a finite fraction of overall air war capabilities of both the 8th and 15th USAAF. Moreover, if the bombing campaign had begun in June, 1944 for example, the weather and meager fighter aircraft and flak gun threats were most favorable to such a mission that could have destroyed the killing machinery at Auschwitz Birkenau.

The fact was that bombing Budapest on July 2nd by the heavy bombers of the 15th USAAF and intercepts by Hungarian intelligence of Jewish Agency requests from Geneva for bombing Auschwitz brought the death transports to a halt sparing the remainder of Hungary’s besieged Jews – approximately 300,000 – until Swedish businessman diplomat and hero Raoul Wallenberg arrived with the aid of the U.S. War Refugee Board and Joint Distribution Committee funds to put many Jews in Budapest in ’safe houses” until the Russians arrived in early 1945.

Based on several feasibility assessments in the Neufeld – Berenbaum study here is what could have been done:

8th USAAF B-17 heavy bombers flying from Operation FRANTIC shuttle bases at Poltava  in the Western Ukraine 150 miles away and 15th USAAF B-24 heavy bombers flying out Foggia, Italy 640 miles away could have raided Auschwitz Birkenau from June to September, 1994. Weather conditions and enemy fighter and flak gun threats over the ‘targets’ during this period were favorable for an Auschwitz Birkenau mission. There were available mission planning target folder and aerial recon photos from I.G. Farben Buna-Monwitz plant mission less than 7 miles from Birkenau killing center.

An estimated 300 sorties involving upwards of 75 heavy bombers dropping between 900 to 1,800 tons of bombs over a two to three week period would have accomplished the mission. This was equivalent to less than 7% of all sorties flown in July, 1944.

The July 2, 1944 15th USAAF raid on Budapest effectively stopped the ‘death transports’ when requests for bombing rail marshaling yards and rail lines leading to Auschwitz by the Jewish Agency in Geneva were intercepted by Hungarian Intelligence.  Unfortunately, by then, more than 433,000 Hungarian Jews were murdered, but 300,000 were ’spared”. Professor Wyman estimated that if an Auschwitz Birkenau raid had been attempted that would have spared an additional 150,000 Jews perhaps resulting in an additional 2 million, today.

However, the reality is that air war priorities and official indifference precluded the raids from occurring and that half of the Hungarian Jews were murdered before any raids could have been launched. It was left to courageous Jewish women supplying Sonderkommando at the Birkenau killing facility with explosives to destroy Crematorium IV on October 7, 1944 forcing the SS to eventually stop and destroy the death machinery in January 1945.

For more information view this comprehensive PowerPoint presentation by the author, “Could the Allies Have Bombed Auschwitz”.

EDITORS NOTE: This column originally appeared in the New English Review.

Greece, Cyprus and Israel to build Eastern Mediterranean Gas Pipeline

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Auspicious meetings were held in Nicosia, Cyprus with members of the emerging Trilateral Eastern Mediterranean Gas Pipeline alliance: Israeli Prime Minister Benjamin Netanyahu, Cyprus President Nicos Anastasiades and Greek Prime Minister Alexis Tsipras.

Watch this Jerusalem Post news video of the historic triple alliance meeting in Nicosia:

leaders on mediteranian pipeline

Israeli Prime Minister Benjamin Netanyahu, left, Cyprus President Nicos Anastasiades and Greek Prime Minister Alexis Tsipras at Nicosia trilateral meeting, January 27, 2016.

The Jerusalem Post reported the triple alliance leaders announcing plans to set up the long delayed Eastern Mediterranean gas pipeline:

NICOSIA – Israel, Cyprus and Greece decided at their first ever tripartite meeting to set up a steering committee to look into laying a gas pipeline from Israel to Cyprus, and then to Greece for further export to Europe.

The decision was announced by Prime Minister Benjamin Netanyahu, standing next to Cyprus President Nikos Anastasiades and Greek Prime Minister Alexis Tsipras.

Each leader delivered a statement noting the historic nature of the meeting, and highlighting the possibilities this emerging alliance has for the region. They did not answer any questions from the press.

While both Anastasiades and Tsipras stressed, without mentioning Turkey by name, that this cooperation was not “against anyone else,” Netanyahu did not make a reference at all to Turkey, either directly or indirectly.

National Infrastructure, Water and Energy Minister Yuval Steinitz, who was part of the Israeli delegation, told reporters on the plane en route to Nicosia that Israel wanted to have the ability to export the gas both through Greece and Turkey. Laying the pipeline to Turkey is considerably cheaper than through Cyprus and Greece.

Anastasiades, as host of the summit, spoke first, and said this cooperation was based on an appreciation that “it is imperative to work collectively through coordination.” He said that the three leaders signed a joint declaration, which he termed a “historic document” that deals with cooperation in the energy, tourism, research, water-management, anti-terrorism and immigration spheres. He said that a trilateral steering committee will monitor the agreement.

Netanyahu, who said that as the son of a historian he was averse to using the term “historic,” said that the term did however fit the meeting. “I believe this meeting has historic implications,” he said. “The Last time Greeks, Cypriots and Jews sat around a table and talked about a common framework was 2,000 years ago.”

In addition to the gas pipeline, Netanyahu also spoke of a plan to lay an underwater cable to connect the electric grids of all three countries. “You can export gas through electricity,” he said.

Tsipras said that cooperation with Israel and Cyprus was a “strategic choice” for Athens.

EasternMedPipeline(1)In a January 2015, New English Review article, “Could Israel Lose the Energy Prize in the Eastern Mediterranean,” we noted this about the prospects for the Triple Alliance Eastern Mediterranean Pipeline.

“On December 9, 2014, Israel, Cyprus and Greece pitched the Eastern Mediterranean pipeline a day before a conference organized jointly byNatural Gas Europe, the Greek Energy Forum, ESCP Europe, RCEM and the European Economic and Social Committee (EESC). The conference was titled “2030 EU Energy Security, the Role of the Eastern Mediterranean Region” and took place at EESC headquarters in Brussels. Natural Gas Europe in an article on the EESC conference noted the comments of Greek Energy Minister, Ioannis Maniatis:

Europe will need an extra 100 bcm of natural gas in the next 15 years, and in light of Europe’s increasing dependence on imports to fulfill its energy needs, the EU must find a sustainable model to ensure it is a competitive economy.

The EU needs to reduce external dependence, increase efficiency, diversify its sources and routes of supply, and improve interconnectors, he added. Fully connected energy grids, greater transparency, good governance and a thorough understanding of global events should also be the focus of the EU according to Maniatis. He explained that Greece’s importance is growing. The East Med pipeline pitched by Israel, Cyprus and Greece would run from Israel and Cyprus via Greece to Italy and then to the rest of Europe is technically feasible and attached to attractive prospects said Maniatis. He told the audience that the results of a feasibility study on the East Med pipeline will be released next year and that the pipeline would serve as a new source and provider of natural gas comparable to the Southern Corridor. The attractiveness of the East Med Pipeline, said Maniatis, is that unlike the Southern Corridor, it would pass exclusively through four member states and hence deserves strong EU backing for its materialization.

The Eastern Mediterranean Pipeline had received the endorsement of the EC as a priority project for underwriting in November 2013. According to The Guardian that could provide the Eastern Mediterranean pipeline project “access to a €5.85bn fund, and preferential treatment from multilateral banks.”

Natural Gas Europe reported at the time the options under consideration:

The basic plan will see the pipeline stretch from the Leviathan field offshore Israel on to Cyprus ending in eastern part of the Island of Crete in Greece. Three alternate routes were discussed:

  • To the Peloponnesus Peninsula joint via spur with the Trans-Adriatic Pipeline (TAP)
  • From Crete to northern Greece where it would join the Interconnector Greece-Bulgaria (IGB)
  • From Crete to the Revythousa LNG terminal close to Athens. The terminal would be significantly upgraded to accommodate large amounts of gas exports thereafter.

The technically difficult 1,880 kilometer long submarine pipeline project, reaching depths of more than 2,000 meters, would connect Leviathan and Aphrodite gas fields ultimately to Italy. Cost for the project was estimated at over $20 Billion and would likely not be concluded at the earliest until 2020, assuming that production of the Leviathan field in the Israeli EEZ begins in 2017. With the demise of both the Turkish Leviathan-Ceyhan pipeline and the Australian Woodside Pty. Ashdod LNG –Eilat pipeline for delivery of gas to the Asian markets, the Eastern Mediterranean pipeline project may have serious consideration. There is the alternative of the onshore LNG facility at Vassilikos on Cyprus’ south shore to be built by the Consortium at an estimated cost of $10 billion. A Memorandum of Understanding for planning the Vassilikos LNG complex was signed by Cyprus and the Consortium in June 2013. In the interim, offshore floating LNG processing platforms that might be leased to ship processed gas via pressured LNG vessels to receiving terminals in Greece and Italy. However, Noble Energy was not initially supportive of the Eastern Mediterranean pipeline option, instead concentrating on sales from Leviathan to regional users like Jordan and Egypt and building the proposed Cypriot LNG processing facility.”

Israel has overcome the ruling of its former Anti Trust Authority general director, approving an offshore gas development plan with US Partner Noble Energy, inc. and Israeli partner Delek Group involving the Leviathan, Tamar and adjacent Aphrodite gas fields in the Cyprus Exclusive Economic Zone. With yesterday’s announcement in Nicosia by the Triple Alliance of Israel, Cyprus and Greece, a way can now be seen to go forward with the Eastern Mediterranean Gas Pipeline and the LNG facility in Cyprus.  At the time we wrote the January 2015 NER article, Russian President Putin and Turkish President Erdogan had announced a $12 billion Turkey Stream pipeline deal to supply Europe with natural gas. Given the break off in relations between Russia and Turkey over the latter’s downing of a Russian Su-24 bomber, Putin has suspended the project.  That sent Erdogan scrambling to re-open diplomatic relations with Jerusalem seeking supplies of Israeli gas.  The dour circumstances propounded in our January 2015 article appear to be lifted by the geo-resource and political wars in the Syrian and ISIS conflicts.  That is enhanced by the settlement of Israel’s plan for development and distribution of its offshore gas and oil fields.

RELATED ARTICLE: 10 Reasons Israel Is Not An ‘Apartheid’ State

EDITORS NOTE: This column originally appeared in the New English Review.

Another Temple Mount Intifada?

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The Jewish religious calendar of the Days of Awe started with Rosh Hashanah, continued with  Yom Kippur and the harvest festival of Sukkot  ending with Simchat Torah-the celebration of Ha Shem’s gift of the torah.  In Israel  it has been the scene of daily violence and pitched battles on the Temple Mount between rock and Molotov cocktail throwing Palestinian protesters and Israel security and border police. This period of Jewish religious observance sorrowfully culminated in a murderous Palestinian spectacle in both Samaria and yesterday in Jerusalem.

Naama and Rabbi Eitam Henkin

Naama and Rabbi Eitam Henkin

Thursday, Palestinian terrorists committed a random drive by shooting murdering Rabbi Eitam and Naama Henkin z”l (of blessed memory)  from the community of Neira in their car while traveling on the road between Itamar and Elon Moreh in Samaria. She was killed instantly by the wanton gunfire. Rabbi Eitam Henkin  heroically opened his door to shield the couple’s four sons, ages  9 to less than three months  in the back seat,  later succumbing to his  mortal wounds. When the vehicle with its flashing emergency  lights  and a door open  was approached  by an Israeli paramedic one of the older Henkin surviving boys screamed, “they murdered my parents. “ Rabbi Eitam and Naama Henkin were American Olim from a respected Orthodox family.

The One Family Fund began an emergency appeal for support of the four orphaned and traumatized Henkin boys who are now in the care of their grandmother.  The Palestinians ‘celebrated’ this heinous crime.  Israel National News reported that Friday, October 2, 2015, thousands attended the funeral s of Rabbi Eitam and Naama Henkin who were interred in Jerusalem’s Har Hamenuchot Cemetery  located near the western entrance to the capital city.

From  New York,  Prime Minister Netanyahu excoriated Palestinian President Abbas, condemning him for his silence. This was in the wake of a speech by Abbas suggesting that Israel hadn’t implemented the Oslo Accords in effect  justifying non –observance of prevailing agreements. Of course, the UN  lent its tacit support by agreeing to raise the flag of the Palestinian Authority at the UN.  The PA  has never been admitted as a full member , although it holds observer non-state status, enabling it to avail itself of membership in a number of UN organizations and treaties including access to International Courts.

Rabbis Nehemia Lavi and Aharon Bennett z”l

Rabbis Nehemia Lavi and Aharon Bennett z”l

Then Saturday, we had another burst of Palestinian terrorism. The murders of two Rabbis Nehemia Lavi and Aharon Bennett near the Lion’s Gate in Jerusalem stabbed to shouts of “allahu akbar” all while recorded on security cameras. A news release from the Israeli Ministry of Foreign Affairs noted what occurred:

At around 7:30 p.m. on Saturday evening (October 3, 2015), a knife-wielding Arab attacked Rabbi Aharon Bennett, his wife, their 2-year-old son and baby daughter who were on their way to pray at the Western Wall in Jerusalem’s Old City. Rabbi Nehemia Lavi, an Old City resident and IDF reserve officer, went down with his gun to try and save those wounded by the Arab terrorist in the attack, but the terrorist stabbed him and seized his weapon. Border Police forces stationed nearby shot and killed the attacker. ?

Israel Hayom reported, “15-year-old Moshe Malka sustained moderate wounds in another Jerusalem stabbing attack.”   The State Department issued a statement requesting calm by all parties involved.

In the wake of Saturday’s  murderous events in Jerusalem  PM Netanyahu scheduled a meeting with his Security Cabinet for Monday.  From New York he said:

Israel is waging an all-out war on Palestinian terrorism. This battle must be fought with determination and focus. We are increasing our prevention and punitive measures. We all feel outraged, but we have to let the IDF, Shin Bet and police fight terrorism, and no one should take the law into their own hands.

Could we be witnessing another Temple Mount Intifada?  Saeb Erekat, PA senior negotiator said it looks like the beginning of a Third Intifada, so did the perpetrator of the Jerusalem murders.  The Times of Israel (TOI) reported, 19 year old Muhannad Halabi posting the day before the attack on his Facebook page, “The Third Intifada is here”.

As Israel Hayom noted, Israel security officials made references to an all out campaign against Palestinian terrorism in Judea and Samaria akin to Operation Defense Shield during the Second Intifada:

A source privy to consultations held by top government officials over the past few days said that if the Palestinians “want a third intifada they will end up with a second Operation Defensive Shield. Steps will be taken on the ground to undermine Hamas infrastructure.”

Operation Defensive Shield, waged in 2002, was a large-scale military campaign targeting Palestinian terrorist infrastructure across Judea and Samaria in an effort to stave off increasingly deadly attacks.

Following Saturday’s attack, which came amid growing tensions in Jerusalem and a series of violent riots on the Temple Mount, the defense establishment decided to limit access to Al-Aqsa Mosque to Muslim worshippers aged 50 and over, who will be allowed to enter the compound through the Lions’ Gate only. No restrictions have been placed on Muslim women’s access to the compound.

Access for Jews and Muslims alike to the volatile holy site is often restricted for security reasons.

The Second or Temple Mount Intifada was fomented by the late Yasser Arafat emboldened by two events in 2000: the pell mell IDF withdrawal from the Southern Lebanon Security zone creating a vacuum for Shia Hezbollah to move in and his rejection of a peace deal at Camp David proposed by then PM Ehud Barack with the support of former President Clinton. Arafat triggered the uprising to coincide with the visit by the late PM Ariel Sharon to the Temple Mount on September 28, 2000.

Operation Defensive Shield began in earnest after the March 27, 2002 suicide bombing by Hamas of the Park Hotel in Netanya hosting a Passover Seder with largely elderly holocaust survivors. 30 civilians were killed and 140 were injured, the most casualties in the worst single event during Operation Defense Shield. It began on March 29, 2002 with Israeli tanks mounting a siege of Yasser Arafat in the Mukata in Ramallah. The IDF engaged in urban warfare in Palestinian major towns in the Samaria and the West Bank, withdrawing in May 2002 with cordons of these communities remaining during the Second Intifada. In one operation alone in Jenin 23 IDF soldiers were killed in close quarter attacks with armed Palestinian terrorists. The Second intifada went on for nearly five years. Arafat, the first PA president died in a French hospital before the end of the Second Intifada in  November 2004. He was succeeded by Mahmoud Abbas elected for a four year term in 2005 now serving in his 11th year.  According to the International Institute for Counter-Terrorism  Israeli casualties during the Second Intifada were 731 civilian and 231 IDF service personnel. The Israeli security fence  was constructed resulted in reducing terrorist attacks from the disputied terroritories.

The rise of murderous Palestinian terrorism during the Days of Awe comes amidst the entry of Iranian Revolutionary Guards units and Russian forces in neighboring Syria and cross border exchanges with Assad regime forces on the Golan. There are also allegations that some of the current Palestinian terrorist actions may involve Fatah, Hamas and Iranian proxy Palestinian Islamic Jihad.  A further complicating element has been the castigation of Israel security and border police  actions on the Temple Mount by Jordan’s King Abdullah II, the patron of the Jordanian religious leaders of the Waqf that control the Al Aksa Mosque complex. The late Moshe Dayan in the immediate aftermath of the liberation of Jerusalem in the June 1967 Six Days of War granted control of the Mosque complex atop the temple Mount to the Jordanian Waqf.  Adding  his voice to the chorus of fundamentalist  Muslim objections to Israel controlling security of the Temple Mount was Ayatollah Khamenei objecting to the ‘Zionist enterprise’ defending the security and access to this spiritual center of the Jewish nation of Israel.  Stay tuned for developments.

EDITORS NOTE: This column originally appeared in the New English Review.

Did Iran Order the Rocket Attack from Syria on Northern Israel?

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Yesterday, four rockets fired from the Syrian side of the Golan frontier hit near Kfar Sold in Northern Israel causing fires in the area. In response the IAF dispatched aircraft and attacked 14 positions inside Syria, while the IDF on the Golan opened up artillery fire on suspected targets. According to aTimes of Israel  (TOI) report six civilians were killed, seven wounded in an IAF  attack on a vehicle 10 kilometers from the Syrian Israel frontier  in the Quneitra region of  Southern Syria.  That Israeli attack may have targeted members of a Palestinian Islamic Jihad cell. However, Daud Shihab a spokesman for the Palestinian Islamic Jihad continued claiming no responsibility for the attack. Nevertheless, he suggested that they knew were to attack saying:

We’ll know when to respond to an Israeli attack — and that will be where the Iron Dome was installed yesterday,” he said, referring to Israeli missile defense systems deployed the southern cities of Ashdod and Beersheba on Thursday.

The Syrian Observatory for Human Rights in London suggested five of the casualties may have been members of the National Defense Force.  Early Friday morning, August 21, 2015, the Syrian military fired a missile at an Israeli aircraft.

An IDF senior officer contend that the group behind these attacks the Palestinian Islamic Jihad based in Gaza, with headquarters in Damascus, was ordered by Iran to execute the attacks. The TOI cited an Israel source who said:

We were monitoring this cell and it was attacked some 10-15 kilometers from the border, on territory firmly in the control of the Syrian military. This is an Islamic Jihad cell directed by Iran.

The Iran-controlled Al-Mayadeen TV in Damascus reported that three of those killed were Palestinian.

The pretext for these attacks may have been the hunger strike, just ended, by an Israeli held prisoner, Palestinian Islamic Jihad leader, Mohammed Allan. The Palestinian Islamic Jihad said it would undertake reprisal attacks of its own choosing in response to those killed and wounded in the Israel drone attack.  Israel PM Netanyahu cautioned that he didn’t want this incident to escalate into a wider conflict saying:

We have no intention of ratcheting up this confrontation, but our policy [of retaliating for attacks against Israeli civilians] remains as it was.

Notwithstanding Defense Minister Moshe Ya’alon said:

The strike against the cell was proof that Israel will not tolerate efforts to harm the security of its citizens.

“We have no intention of compromising on this issue, and I suggest no one test our resolve on this matter,” he said in a brief statement after the attack.

i24News reported  an IDF officer commenting:

It’s clear that Iran is behind all of the terror attacks here [in the Golan] in the past two years. The Iranians are using the border – they establish units – whether it’s [Imad] Mughniyeh, [Samir] Kuntar, and more – to carry out [the attacks].

The officer added that the Iranian regime was transferring funds, providing training and sending advisers to Syria to help the Islamist group Hezbollah.

Remember the IAF attack in January 2015 on the Syrian side of the Golan frontier that took out a senior Iran IRGC general and Hezbollah officers including Jihad, the son of the late master terrorist Imad Mughniyah? That led to an abrupt series of clashes with Hezbollah in the disputed Shebaa Farms area on the Lebanese border.  Today’s rocket attacks in Israel’s north  and immediate IAF air attacks and IDF artillery fire demonstrates both resolve and concern by Israeli PM Netanyahu and his security cabinet to stifle a possible rocket war in the country’s North. Given the huge arsenal  of rockets and missiles  held by Hezbollah, Israel wants to  avoid a much larger onslaught than  the Hezbollah rocket attacks during the Second Lebanon War in 2006 that displaced over a million Israelis during the 34 day war.

We have argued that Israel may have to undertake incursions across the UNDOF demilitarized zone to clear out Iranian Quds force supported Palestinian Jihad fighters. As my colleague Ilana Freedman and  this  writer noted in a  January 2015, NER article the IDF also needs to address detection and destruction of  possible cross border tunneling  in Israel’s north by Hezbollah. Given Tehran ” success” with the P5+1 nuclear deal and this week’s sale of S300 Russian advanced air defense systems to Iran’s Quds Force commander Gen. Soleimani feels emboldened to foment more proxy conflicts destabilizing the Middle East region. Clearly with this week’s attacks in the country’s north Israel is in the Quds Force gun sights. Ayatollah Khamenei’s playbook called “Palestine” suggests that Israel will be routed not with nuclear weapons but low intensity warfare.

Back in January we noted this comment from Maj. Gen. (ret.) Yaakov Armidror and former National Security Advisor:

Yaakov Armidror, former IDF Maj. Gen. (ret.) and National Security Advisor in a recent strategic evaluation of  Terrorist  threats  facing Israel, published by the Begin-Sadat Center for Strategic Studies , reported by the Jerusalem Post, noted Hezbollah capabilities:

Looking ahead to 2015, Israel faces threats posed mainly by non-state entities motivated by Islamic ideology.

“The strongest of them is Hezbollah, which was formed with a dual purpose in mind.  It represents Iran’s long reach in the area and against Israel, while at the same time it aims to control Lebanon, where the Shi’ites are the largest ethnic group,” Amidror added.

Hezbollah most closely resembles an army, and its arsenal totals some 150,000 missiles and rockets, several thousand of which can target any area in Israel.

“This rare and substantial firepower apparently even exceeded the firepower possessed by most of the European states combined,” Amidror said in the report.

Additionally, Hezbollah is armed with surface-to-sea missiles, anti-aircraft missiles, drones and modern anti-tank missiles.

“It is well organized into a military-style hierarchy and appears to possess command and control systems of high quality. It was established by Iranian leaders, but its leadership has always consisted of Lebanese people who were closely linked to Iran’s interests,” the report continued. “Hezbollah assisted the Shi’ites by providing for their needs in the civilian sphere as a base for building its military power.”

We concluded:

Hezbollah’s possible invasion threat would be costly to the Shi’ite terrorist army.  Especially in view of both Israeli intelligence penetration of the Iranian proxy. Nonetheless, the Israel’s military command must be on alert for possible retaliation by Hezbollah in the Shebaa Farms area adjacent to the Golan and in the Galilee.

EDITORS NOTE: This column originally appeared in the New English Review. The featured image is of Maj. Gen. Aviv Kochavi, Prime Minister Benjamin Netanyahu and Defense Minister Moshe Ya’alon on a tour of the northern border, August 18, 2015. Source: Amos Ben-Gershom/GPO.

Obama’s Dangerous Spin on the Iran Nuclear Deal

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There was a spirited panel discussion on  the August 9, 2015 Lisa Benson Radio Show for National Security stemming from President Obama’s  remarks on the Iran nuclear deal  during  his interview on CNN’s Farid Zakaria’s Global Public Square (GPS) Sunday morning program.  Panelists Barry Shaw in Israel, Shoshana Bryen of The Jewish Policy of the Washington, D.C. based Jewish Policy Center and this writer. The interview was recorded last Thursday following the President’s speech at American University and contentious meeting with a select group of American Jewish leaders. It was alleged that he told them that “if they left  off criticizing his deal, he would leave off criticizing them. That was a warning to the major American Jewish lobby group , the American Israel Political Action Committee. (AIPAC) and an affiliate, Concerned Citizens for a Nuclear Free Iran have funded a multi-million ad campaign opposing the President’s Iran nuclear deal up for a vote in Congress in  Mid-September.

President Obama  also asserted during the interview that the Republican opposition to the Iran nuclear deal was ideological and political and not dissimilar from so-called hardliners in Iran. In response to a question on this from Zakaria he said:

The reason that Mitch McConnell and the rest of the folks in his caucus who oppose this jumped out and opposed it before they even read it, before it was even posted, is reflective of an ideological commitment not to get a deal done. And in that sense they do have a lot in common with hard- liners who are much more satisfied with the status quo. What I said was that there are those who, if they did not read the bill before they announced their opposition, if they are not able to offer plausible reasons why they wouldn’t support the bill or plausible alternatives in preventing Iran from getting a nuclear weapon other than potential military strikes, then that would indicate that they’re not interested in the substance of the issue, they’re interested in the politics of the issue.

Zakaria asked, “Is it appropriate for a foreign head of government ( a reference to Israeli Pm Netanyahu] to inject himself into a debate that is taking place in Washington?“  The President  responded:

You know, I’ll let you ask Prime Minister Netanyahu that question if he gives you an interview. I don’t recall a similar example. Obviously the relationship between the United States and Israel is deep, it is profound, and it’s reflected in my policies because I have said repeatedly and, more importantly, acted on the basic notion that our commitment to Israel security is sacrosanct. It’s something that I take very seriously, which is why we provided more assistance, more military cooperation, more intelligence cooperation to Israel than any previous administration.

But as I said in the speech yesterday, on the substance, the prime minister is wrong on this. And I think that I can show that the basic assumptions that he’s made are incorrect. If in fact my argument is right that this is the best way for Iran not to get a nuclear weapon, then that’s not just good for the United States, that is very good for Israel. In fact, historically this has been the argument that has driven Prime Minister Netanyahu and achieved consensus throughout Israel.

So the question has to be, is there in fact a better path to preventing Iran from getting a nuclear weapon than this one? And I’ve repeatedly asked both Prime Minister Netanyahu and others to present me a reasonable, realistic plan that would achieve exactly what this deal achieves, and I have yet to get a response. So, as I said yesterday, I completely understand why both he and the broad Israeli public would be suspicious, cautious about entering into any deal with Iran.

Notwithstanding the President remarks in the CNN Zakaria interview, New York Democratic Senator Charles E. Schumer and Bronx New York House Member, Elliott Engel, Ranking Member of the House Foreign Relations Committee and several other leading Democrat members of both the New York and California delegations have also opted to oppose the Joint Comprehensive Plan of Action announced in Vienna on July 14th and unanimously endorsed by the UN Security on July 22nd.  Congress will reconvene after Labor Day for more Hearings and a vote to either approve or reject the Iranian nuclear deal. President Obama has threatened veto it if a majority of both the Houses of Congress vote to reject it.

Watch these CNN Video clips of President Obama interview with Farid Zakaria on August 9, 2015

On Israeli PM Netanyahu

On Iran’s Supreme Leader, Ayatollah Khamenei

On his American University Speech

LBS Soundcloud August 9 correctedThe following were important takeaways from  the August 9th Lisa Benson Radio Show:

Israel’s History of Unilateral Actions against Iraqi and Syrian nuclear programs despite US Objections.

Barry Shaw speaking from Israel drew attention to Israeli attacks on the Osirak reactor in Saddam Hussein’s Iraq in 1981 and Syria’s al-Kibar reactor in September 2007. He noted that Israeli PM Menachem Begin suggested that  his order for the so-called Raid on the Sun in Iraqi would set a precedent for future similar actions by his successors.  Shaw noted the objections by the Reagan Administration and even US media  characterizations of Israel’s actions  as state sponsored terrorism . However a decade later in the 1990’s Dick Cheney , then Secretary of Defense expressed  the thanks of the US  for Israel’s action in 1981 during the Gulf War in 1991.  Following, the 2007 Syria reactor raid, former Secretary of State Condoleezza Rice criticized Israel for not exhausting diplomatic efforts. Shaw noted that following the raid Syria let in the IAEA to inspect the reclaimed site of the former Al-Kibar nuclear bomb factory Shaw also reflected the views of a  significant majority of Israelis backing PM Netanyahu’s intervention criticizing the Iran nuclear pact.

The Dangers of Obama’s Withdrawal of US Assets in the Region.

Shoshana Bryen drew attention to the dangers of withdrawal of US military assets in the Persian Gulf abetting the hegemonic objectives of Supreme Ayatollah Khamenei  and the Islamic Regime IRGC. As of the fall, the US will have no carrier battle group in the Persian Gulf for the first time in decades. She went to note  the President postulated that Saudi Arabia and Iran might find themselves coming closer on certain issues. If the Gulf States see their future with Iran, rather than with the US, we will not have a base in the Persian Gulf. The US Fifth Fleet in Bahrain and US facilities in Kuwait and Oman may not be able to use those facilities to attack Iran if, in fact, their governments see Iran as the key power for the future.

Military Option  may have been  taken Off the Table with Iran Weapons Purchases from Russia and China.

This  writer  drew attention to the Moscow trip of Quds Force commander Qasem Soleimani to meet with Russian President Putin and Defense Minister Shogui to speed up deliveries of the S-300 air defense system and the $10 billion oil barter deal with China for delivery of stealth fighters.  He suggested that this was a breach of both UN travel bans on the Quds Force Commander as well as the UN resolution 1929 sanctions against purchase of conventional  weapons and missile technology precluded on both five and eight sunsets under the JCPOA.  It makes any military option harder by orders of magnitude. While both the US and Israel  aren’t without resources of our own, Iran breaches  of  sanctions  makes the decision to use American military power more complicated.

Iran North Korea Nuclear and ICBM Development Cooperation may already have developed a bomb

Host  Lisa Benson drew attention to a recent American Thinker article co-authored by Bryen and her husband,  Stephen, “Does Iran Already Have Nuclear Weapons?”  The Bryens suggest that Iran may already have developed a nuclear weapon in cooperation with North Korea.  This writer interviewed analyst Ilana Freedman regarding the same issue in a March 2014  NER article, “Has Iran Developed Nuclear Weapons in North Korea ?”   The Bryens postulate that Iran may already have a small nuclear bomb that might be used  as a threat in the region to provide a nuclear cover for hegemonic objectives. The motivation on the part of the North Korean, who earn hard currency through illicit transactions is receipt of funds from Iran, a member of the same original A.Q. Khan network that provided techno logy for the North Korean bomb making and Iran’s uranium enrichment centrifuges.

Plan B –Restoring Military Funding in support of National Security Objectives in the Middle East and NATO Allies in Eastern Europe and the Baltic States Threatened by Putin’s Russia

Notwithstanding , a possible veto of a Congressional  resolution rejecting the Iran nuclear deal, Bryen and Gordon suggested that the Congress has to stop the hollowing out of our military capabilities under sequestration. That should be addressed in September when National Defense Act Appropriation bills come up for approval in both chambers.  Bryen noted Plan B is precisely to end sequestration – which has to happen for American national security reasons including Iran and beyond Iran. The size of the Army has to increase (it is projected to decrease by another 40,000) and the drain of mid-level officers (Captains, Majors and LT Colonels) has to stop. Our Navy has to begin to restore ship building. She noted the fleet size is he smallest since WWI.

Poland and the Baltic States have requested a stronger NATO presence out of fear that Russia will do to them what it did to Ukraine. Ukraine was NOT a member of NATO, so there were mixed ideas about what to do, but Poland and the Baltic States are. If Russia thinks it can intimidate or even occupy parts of those states, simply because it sees the US as a waning power, NATO will be finished. With that, the remnants of American influence will be finished. We have to put troops in those places and do exercises in those places and we should reconsider installing the radars that President Obama declined to place in Poland and the Czech Republic when he first took office.

Listen to the Soundcloud of the August 9, 2015 Lisa Benson Radio Show

EDITORS NOTE: This column originally appeared in the New English Review.

Iran Nuclear Deal: Stark Contrast between Netanyahu and Obama [+Video]

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Despite technical difficulties, Israeli Prime Minister Netanyahu addressed a wide audience of both U.S. and Canadian Jews including persons of other “ethnicities and faiths” at 1:30 PM EST on August 4, 2015. The electronic venue was a high definition webcast from Jerusalem sponsored by the Jewish Federations of North America (JFNA) and the Council of Presidents of Major American Jewish Organizations (COPMAJO).  JFNA President Stephen  Greenberg, who introduced the Prime Minister, told both he and  those watching, including this writer, that more than 10,000 had signed up, ‘with thousands more” gathered to watch and hear Netanyahu’s address and his response to questions from viewers in Cincinnati, Boynton Beach, Florida, Los Angeles and New York. President Obama and Vice President Biden held forth in a two hour gathering to a more intimate audience of 20 Jewish leaders of various denominations and political persuasions at the White House Treaty Room organized by Greg Rosenbaum National Jewish Democratic Council.

Netanyahu cautioned that  acceptance  of the nuclear deal with Iran would give the Islamic regime “two paths to the bomb” possibly resulting in a nuclear war, triggering a regional nuclear arms race.  President Obama was alleged to have remarked at his closed door White House session that rejection of the deal would force the US to under military action and that “rockets would rain down on Tel Aviv.”

The Times of Israel  (TOI) reported Netanyahu’s webcast remarks:

[Accusing] the deal’s supporters in the Obama administration of spreading “disinformation about the deal and about Israel’s position” in its bid to rally support.

He pointed out a series of “fatal flaws” in the deal, and asserted that it “doesn’t block Iran’s path to bomb,” but rather “paves” its path to the bomb.

The agreement, a legacy foreign policy project of US President Barack Obama, gives Iran “two paths to the bomb,” enabling Tehran to obtain a weapon either by keeping the deal and waiting for it to elapse, or by violating it, Netanyahu warned.

In his response to a question of what was the alternative if Congress rejects the Iran deal, Netanyahu said:

“Increase the sanctions, increase the pressure,” Netanyahu said, in presenting his alternative to the deal, asserting that Iran would not back away from the negotiating table, even if subjected to harsher sanctions, and would abide more stringent curbs on its nuclear program.

Netanyahu noted a rare moment of national coalescence in Israel ‘s  raucous Athenian democracy that more than 70 percent of Israeli polled opposed the JCOPA and that recent polls in the US showed that a majority of Americans agreed with the Israeli position. He drew attention to the North American audience that even Isaac Herzog, leader of the opposition Zionist Union in Israel’s Knesset, who he remarked was unstinting in trying to overturn his government, agreed that the Iran nuclear pack was an existential danger.  At one point he referenced the transition from the original guidance for negotiations with Iran offered  by President Obama that “no deal was a better alternative to a bad deal” to one that “rejection of the JCPOA would mean war.”

Watch the full JFNA webcast Vimeo Video of Israel PM Netanyahu’s address:

President Obama, according to comments from those in attendance at the White House gathering of American Jewish Leaders ironically reemphasized Netanyahu’s webcast comments.   Rosenbaum of the NJDC, according to the TOI, said:

If Congress succeeds in killing the deal and Iran were to subsequently walk away from the agreement and start enriching uranium again to weapons-grade levels, the opponents of the deal will pressure the US government into launching a preemptive strike against the Islamic Republic’s nuclear facilities, the president was said to have argued.

“But the result of such a strike won’t be war with Iran,” Rosenbaum said, quoting the president.

[…]

“They will fight this asymmetrically. That means more support for terrorism, more Hezbollah rockets falling on Tel Aviv,” Rosenbaum quoted Obama as saying. “I can assure that Israel will bear the brunt of the asymmetrical response that Iran will have to a military strike on its nuclear facilities.”

The objective of these dueling pitches was to enlist Jewish support on the one hand and rejection on the other for the Iran Nuclear Pact, the Joint Comprehensive Plan of Act (JCPOA). The JCPOA was announced by the P5+1 in Vienna on July 14th and endorsed by a unanimous vote of the 15 member UN Security Council on July 22nd. A vote by Congress, one way or the other, is slated to occur on or before September 17th,  upon  the reconvening of Congress following the summer recess after Labor Day.

As if on cue two experts on Iran’s nuclear program and international arms control provided evidence supporting Netanyahu that Iran was poised in a just a few months to become a nuclear threshold state and why the nuclear deal should be rejected in favor a better along the lines of Israeli PM Netanyahu’s responses to audience questions. Moreover three leading House Democrats declared they would vote no when a vote in scheduled in September.

The Daily TIP reported Iran nuclear program expert David Albright of the Washington, D.C.-based Institute for Science and International Security ISIS) testimony on Capitol Hill yesterday before the Senate Foreign Relations Committee:

That Iran’s breakout time could be as low as 6-7 months, calling into question the administration’s claim to have secured a one-year breakout. Albright based this calculation on the likelihood that Iran would deploy its more advanced IR-2m centrifuges in an attempt to break out, and on the failure of the deal to require full dismantlement of all of the equipment used in the cascades at the Fuel Enrichment Plant. Senator Menendez (D-NJ) stated that Albright’s claim concerns him because “six or seven months, that’s not going to be helpful if they decide to break out… The next president of the United States… will really only has one choice: to accept Iran as a nuclear weapons state or to have a military strike, because sanctions will be ineffective.”

Albright also criticized the provision giving Iran up to 24 days to provide access to suspicious, undeclared sites. In his testimony, he wrote that Iran has extensive experience in evading IAEA monitoring and that “twenty four days could be enough time, presumably, for Iran to relocate undeclared activities that are in violation of the JCPOA while it undertakes sanitization activities that would not necessarily leave a trace in environmental sampling.”

The Daily TIP drew attention to another witness Dr. Robert Joseph, former Under Secretary of State for Arms Control and International Security:

He also criticized the deal because it recognizes and legitimizes a path to nuclear weapons, provides for ineffective verification, fails to prevent breakout, and fails to limit Iran’s ballistic missile development. Moreover, Joseph argued that the deal increases the likelihood of nuclear proliferation in the region, undermines the nonproliferation regime and the IAEA, and enables a more aggressive and repressive Iranian regime, thereby increasing the prospect of conflict and war. He concluded that Congress should reject the deal because “a bad agreement is worse than no agreement.”

Three prominent House Democrats declared they were opposed to JCOPA. The Daily TIP commented:

Three leading members of the House of Representatives – Reps. Steve Israel (D – N.Y.), Nita Lowey (D – N.Y.), and Ted Deutch (D – Fla.) – today became the first three Democratic Jewish members of Congress to go on record opposing the nuclear deal with Iran. Rep. Israel, the chair of the Democratic Congressional Campaign Committee, told Newsday that he would vote against the deal and will work to defeat it in next month’s Congressional vote. Israel told Newsday that he was going public with his opposition hoping that he might influence other members of the House.

Lowey, the ranking Democrat on the House Appropriations Committee, which controls government spending, issued a press release stating that preventing Iran from obtaining nuclear weapons is a “essential national security imperative,” and that after extensive consultations with “officials in the Obama Administration, regional experts, foreign leaders, Congressional colleagues, and my constituents,” she could not support the deal.

Deutch, the ranking member of the House Foreign Affairs Committee’s Subcommittee on the Middle East and North Africa, made his announcement in an op-ed published today in the Sun-Sentinel newspaper. Citing his longstanding efforts to prevent Iran from acquiring nuclear weapons, Deutch argued that the deal not only fails to accomplish its stated goals of preventing a nuclear Iran, but dangerously strengthens Iran in a number of other ways

American Jews received starkly contrasting  opposing arguments, yesterday, from both Israeli PM Netanyahu and President Obama regarding acceptance or rejection by Congress of the Iran nuclear pact.  Netanyahu delivered his remarks and answered questions in an open webcast forum to an audience of thousands, while President Obama’s views were filtered through the lens of a partisan Democrat leader at a closed White House gathering of allegedly contentious argumentative American Jewish leaders.  Doubtless these arguments will reverberate in town hall meetings of Senators and Congressional Representatives across America during the summer recess.  As reflected in Capitol Hill testimony of Iran nuclear watchdog group head David Albright of ISIS and arms control expert Dr. Robert Joseph and the declarations of leading House Democrats opposing the Iran deal, American Jews may finally be getting the facts contesting the rhetoric of President Obama that its either acceptance of the JCPOA deal or war as the only alternatives.

Netanyahu believes, as increasingly others do, that there is a better deal, one which Congress could send a resounding message to the White House in September when they vote to hopefully reject the Iran nuclear pact.

EDITORS NOTE: This column originally appeared in the New English Review.

Capitulation: P5+1 Iran Nuclear Deal Reached in Vienna

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News came from Vienna this morning that a final deal has been reached between the P5+1 and the Islamic Republic of Iran.  The Jerusalem Post reported:

World powers have reached a final, comprehensive agreement with Iran that will govern its nuclear program for over a decade, diplomats said on Tuesday morning.

The deal culminates a two-year diplomatic effort in which the five permanent members of the United Nations Security Council, led by the United States, have sought to end a twelve-year crisis over Iran’s suspicious nuclear work.

Formally known as the the Joint Comprehensive Plan of Action, the 100-page document amounts to the most significant multilateral agreement reached in several decades. Its final form is roundly opposed in Israel by the government, by its opposition, and by the public at large.

The JCPOA allows Iran to retain much of its nuclear infrastructure, and grants it the right to enrich uranium on its own soil. But the deal also requires Iran to cap and partially roll back that infrastructure for ten to fifteen years, and grants the UN’s nuclear watchdog, the International Atomic Energy Agency, managed access to monitor that program with intrusive inspections.

In exchange, the governments of Britain, France, Russia, China, the US and Germany have agreed to lift  all UN sanctions on the Islamic Republic, once Iran abides by a set of nuclear-related commitments.

The United Nations’ nuclear watchdog, the International Atomic Energy Agency, will be tasked with enforcing the agreement over its lifetime. The UN Security Council will soon vote on a resolution to codify the deal.

So, too, will the United States Congress. The US legislature now has a 60-day period to review the deal and, should its leadership choose, vote on a resolution approving or disapproving of the deal. A vote of disapproval would be subject to a presidential veto, which Congress may then vote to override.

Israel and its Arab neighbors are united in opposition to the agreement, warning it will legitimize Iran as a nuclear-threshold state in the short-term, and embolden its form of government – a theocratic republic – in the long-term.

The deal seeks to verifiably prevent Iran from acquiring a nuclear weapon, and to keep Tehran at least one year away from having the capability to build such a weapon.

The JCPOA will not be “signed.” Negotiators in Vienna have agreed to “adopt” the text, and will spend several months preparing to implement various provisions of the highly technical agreement.

With this announcement from Vienna the unraveling of this dangerous legacy of President Obama and Secretary of State Kerry will ensue with triggering of the 60 day review by Congress under the Iran Nuclear Agreement Review Act. As if orchestrated on cue in this duplicitous act of appeasement, President Obama will go to Capitol Hill to make the case to Democratic members that this agreement is a Hobson’s Choice, the least bad deal, under the circumstances with Iran.

For the Republican Congressional majorities in both houses it will present a daunting task to enlist a minority of wary Democratic colleagues to join with them to reject the Joint Plan of Action attempting to make it veto proof. Allies in the Middle East Israel, Saudi Arabia the Gulf Emirates and Egypt oppose the agreement as it facilitates Iran becoming a nuclear threshold state supporter of terrorism equipped with ICBMs. It will trigger proliferation and possible eventual military action against Iran’s nuclear infrastructure.

Reliance on less than intrusive UN inspections of military sites and both known and unknown sites will assure Iran’s becoming a nuclear threshold power. Obama will leave behind a literal Stygian Stable of difficulties for his successor to enforce compliance by Iran with questionable snap back sanctions subject to a committee including Iran. Israel will be left virtually alone to its own means to combat a nuclear equipped apocalyptic Islamo fascist Iran.

UPDATE: Washington, D.C. – U.S. Senator Marco Rubio (R-FL), a member of the Senate Foreign Relations Committee, today commented on the Obama Administration’s announcement of a nuclear deal with Iran:

“I have said from the beginning of this process that I would not support a deal with Iran that allows the mullahs to retain the ability to develop nuclear weapons, threaten Israel, and continue their regional expansionism and support for terrorism. Based on what we know thus far, I believe that this deal undermines our national security. President Obama has consistently negotiated from a position of weakness, giving concession after concession to a regime that has American blood on its hands, holds Americans hostage, and has consistently violated every agreement it ever signed.

I expect that a significant majority in Congress will share my skepticism of this agreement and vote it down. Failure by the President to obtain congressional support will tell the Iranians and the world that this is Barack Obama’s deal, not an agreement with lasting support from the United States. It will then be left to the next President to return us to a position of American strength and re-impose sanctions on this despicable regime until it is truly willing to abandon its nuclear ambitions and is no longer a threat to international security.”

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EDITORS NOTE: This column originally appeared in the New English Review. The featured image is of U.S. Secretary of State Kerry and Iranian Foreign Minister Zarif Vienna June 30, 2015. Source: Reuters.

Obama, J Street and the American Jewish Divide

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Former Israeli Ambassador to Washington, Michael Oren is a native of West Orange, New Jersey best exemplifies the special relations between the two allies, Israel and the U.S. Ally-book cover jpgWith the publication of his memoir, Ally: My Journey Across the American-Israeli Divide (2015), he has another best seller. Previous ones were Six Days of War: June 1967 and the Making of the Modern Middle East (2003) and Power, Faith, and Fantasy: America in the Middle East, 1776 to the Present (2007). Having read Ally, I concur with praise from two pundits: Bret Stephens, the Tuesday Wall Street  Journal columnist of note, and Vic Rosenthal, a former resident of Fresno, California, now a Jerusalem resident whose Abu Yehuda blog  posts are a must read about an American  living in Israel.

Bret Stephens’ opening stanza in his June 29, 2015 WSJ column “The President Against the Historian“ explains why Oren’s memoir is a must read:

Michael Oren, Israel’s former ambassador to the United States, has written the smartest and juiciest diplomatic memoir that I’ve read in years, and I’ve read my share. The book, called “Ally,” has the added virtues of being politically relevant and historically important. This has the Obama administration—which doesn’t come out looking too good in Mr. Oren’s account—in an epic snit.

Vic Rosenthal in his July 2, 2015, Abu Yehuda blog post, Michael Oren is tired of American Jews, and so am I, addresses  the yawning  divide between Israel and American Jews, another of Oren’s themes in Ally:

Rabbi Eric Yoffie is offended by Michael Oren, on behalf of (non-Orthodox) American Jews. These Jews, like America’s “first Jewish president,” turn out to be very easy to offend: just suggest that Israelis are more qualified than they are to decide the future of their country.

Oren’s new book has offended both Yoffie and the Obama Administration, which has launched an all-out media blitz against him (as far as I know, Obama spokespeople haven’t called him a ‘chickenshit’ yet, but give them time).

Yesterday morning, I dialed into an Israel Project  (TIP)sponsored presentation by Oren. He told the listeners ,unlike the daylight between Obama and Netanyahu over the Iranian nuclear nightmare threat, that there is no daylight across the political divide in the  obsessive democratic cockpit of the Knesset. As Oren tells it, whether Likud, Zionist Union and even Arab parties, all Israel is united that Iran achieving nuclear breakout is “a very bad deal”. Further, he said while some  in the media, the Obama claque of  “senior officials’ and former aides have excoriated him for the early publication  of his memoir, he was heartened that they haven’t addressed the facts of what the Administration has perpetrated. Listen to this recorded  TIP presentation by Oren and the following Q&A.

Oren’s memoir has a lot to say about President Obama and his Administration acolytes isolating Israel over Iran and  Netanyahu’s vigorous defense of Israel  sovereign right of Israel to warn America and the untrusting world about Iran’s nuclear  threat and the very bad P5+1  deal. Perhaps  a  deal about to be announced in Vienna in a few days. Or if not simply kicked down the road.  All while Iran’s  Supreme Leader, Ayatollah Khamenei  and Mahdist acolytes of terrorism perfect the means of taking out the “little Satan”, Israel ,with one bomb and the “big Satan”, the  US, with a nuclear tipped ICBM.

Oren clearly takes pride that his well honed skills as a Columbia and Princeton educated historian who earned his PhD in Middle East Studies with the venerable Bernard Lewis.   Not bad for a pudgy dyslexic , pigeon toed 15 year old who shook the hand of the late Israeli PM Yitzhak Rabin, when the latter was  Ambassador Extraordinary and Plenipotentiary to the US.  He exclaimed on that memorable occasion that some day he would be Israel’s Ambassador.  A late bloomer in high school Oren fulfilled his quest, slimed down hardened through rowing .  Equipped with his backpack he made aliyah to Israel to go through  grueling  paratrooper training  earn his coveted red beret along with an oath taken  to defend Israel on Masada with his IDF comrades.  He ends up in combat and later as a reserve officer during the Second Lebanon War as a military spokesperson to the foreign press.  Along the way he  meets his  American wife Sally Edelstein, a  Jersey girl, dancer and former San Francisco hippy groupie when she makes Aliyah to Israel and they ultimately form their Israeli family.

Ally  depicts what it was like for an American-Israeli to fulfill his dream as his adopted country’s Ambassador in Washington  Israel’s  interests in the byzantine politics of the Obama era from 2009 to 2013. After leaving Washington, Oren turns home to Tel Aviv to lecture, teach at Harvard and Yale and write his memoir.   Oren is now a member of the Kulanu party headed by former  Likud Communications Commissioner and economic reformer Moshe Kahlon.  Oren is a thinking liberal and  both he and the family are members of a Reform synagogue.  His memoir culminates on a dramatic note when he  and Sally attend  a  Bar Mitzvah celebration for 13 year olds at  Kibbutz Na’an, with one of his former Washington Embassy aides, Lee Moser, mother of  one of the bar mitzvah candidates when a red alert sounds, sirens wail and they scurry for shelter. He writes:

I held Sally’s hand and glanced over my shoulder over my shoulder just as two Hamas rockets roared in. Then with twin booms that rattled the tin overhang  and shook the ground below, the missiles exploded. Iron Dome interceptors, developed by Israel and funded by the United States, scored perfect hits. For moment afterward, as we emerged into the uncertain night, the glow of those bursts hovered over us, beaming like kindred stars.

All  of which brings  us to why he has frosted the J Street  fawning rabbinic leadership of the Reform Movement in America and  earned  both Vic Rosenthal’s and my admiration. This came on the cusp of having orchestrated a  recent viewing and panel discussion of the Americans for Peace and Tolerance documentary, J Street Challenge with Pensacola pro-Israel colleagues; Rabbi Eric Tokajer of Brit Ahm synagogue, Mike Bates, 1330amWEBY general manger of “Your Turn host and Florida State Representative Mike Hill, a U.S. Air Force Academy grad.

Vic Rosenthal notes a similar experience in his Fresno in his Abu Yehuda column:

We tried to bring the local Jewish community – the organizations, the synagogues and individual Jews – along with us. With a few exceptions, mostly people like us who had lived in Israel or had relatives there, we had to drag them kicking and screaming. Most of our pro-Israel events drew the same few supporters.

The local Reform temple was probably the most frustrating. A film critical of J Street, followed by a discussion? Absolutely not, it would be ‘divisive’! The Jewish Federation and Hadassah were better, but it was always easier to organize an event about Jewish culture than Israel.

Is Oren right that American Jews are more interested in helping others than their own? Certainly they were far more upset about terrorism in Charleston than Jerusalem, and far more ready to criticize our Prime Minister than their own Administration. The Reform rabbi threw himself into activities to help the poor and homeless. He is seen on TV on panels with the Imam of the Islamic Cultural Center. He is an outspoken advocate of liberal causes, but he did not give a sermon in favor of PM Netanyahu’s speech about Iran before the Congress.

In preparation for the recent J Street Challenge  Pensacola event, we culled excerpts from Oren’s Ally about his views on J Street  and its defenders inside the Obama Administration, illustrative of what  concerns Vic Rosenthal.

On J Street’s inclusion in Major American Jewish organizations meeting with Obama in 2009 p. 78

He promised to be more evenhanded in asking all parties, not just Israelis, to make sacrifices for peace. Yet the meeting would be remembered as a turning point in the administration’s approach toward the Jewish State.

Included for the first time with the mainstream Jewish leaders were the heads of Americans for Peace Now and the newly founded J Street, both organizations stridently critical of Israel and its traditional American supporters.  Their presence rattled the other participants, many of whom had been personally slighted by these parvenus.

The President concluded, “When there is no daylight, Israel just sits on the sidelines and that erodes our credibility with the Arabs”.

Commenting on the discussion, J Street founder Jeremy Ben Ami cited Obama’s ability to connect with the Muslim World and his immense standing in America and the World. “He was very clear that this is a moment that has to be seized and he intends to seize it.  By contrast the other American Jewish leaders emerged from the meeting concerned about Obama’s departure from the long standing principle of “no daylight” in U.S. –Israel relations.

On J Street’s promotion of the Goldstone Report that Maligned Israel in Operation Cast Lead in 2008 – 2009 p. 102

Though J Street refrained from formally endorsing the [Goldstone Report], activists in the organization escorted Goldstone to Congress for meetings with progressive members.  Assistant Secretary of State Michael Posner told the UNHRC of America’s disappointment with the document’s double standards. But he also cited Goldstone’s ‘distinguished record of public service” and called on Palestinians to investigate Hamas abuses. This, for Israelis, was tantamount to asking al-Qaeda to investigate 9/11.

On the contretemps between the Israeli Embassy and J Street P. 107

Irksome was the embassy’s continued imbroglio with J Street. Unlike my predecessor, Sallai Meridor, who had shunned the lobby, I initially engaged it in a dialogue.  I had no illusions about the group, which received funds from anti-Israel contributors, supported every legislator critical of Israel, and stridently attacked mainstream American Jewish leaders. Though J Street defined itself as “pro-Israel” and “pro-peace”, its logo bore no connection to Israel whatsoever, not even the color blue, and portrayed other pro-Israel organizations as anti-Israel. Before becoming Ambassador, I chanced to meet one J Street board member and asked him why he had joined. “I’m uncomfortable with the special relationship,” he told me. “I want to normalize U.S.-Israel ties.”

Outrageously, J Street members hosted Goldstone in Congress and lobbied  against sanctions on Iran. These actions were deeply deleterious to Israel’s security – “they endangered seven million Israelis,” I said –and made interacting with J Street virtually impossible. Both the Prime Minister [Netanyahu] and the foreign minister [Avigdor Liberman] vetoed my participation in its annual conference.

On the Obama White House relations with J Street p. 108

J Street… fashioned itself as the Administration’s wing in the American Jewish Community. Obama acknowledged that fact by sending his National Security Advisor [former Marine General] Jim Jones, one of Washington’s most powerful officials to greet the organization. “I’m honored to represent President Obama at the first national J Street conference.  And you can be sure that this administration will be represented at all other J Street conferences…” Obama’s newly appointed advisor on anti-Semitism, Hannah Rosenthal, an early J Street supporter, issued her first denunciation not of anti-Semites, but rather of me for boycotting the summit.

Michael Oren’s Ally might be considered a 21st Century version of Emile Zola’s J’accuse.  Oren , like Zola in the fin de siècle Dreyfus affair,  addresses the calumnies of President  Obama, nurtured  in Muslim Indonesia, creating daylight isolating Israeli PM Netanyahu over nuclear Iran and recognition of a Faux Palestinian State.  Daylight promised  to Obama’s  Chicago anti-Israel confreres, Rashid Khalidi, holder of the Edward Said Endowed Chair on Modern Arab Studies  at Columbia and Ali Abunimah , editor of The Electronic Intifada blog, that he wouldn’t forget them. Oren chronicles how Obama delivered on that promise.

EDITORS NOTE: This column originally appeared in the New English Review. The featured image is of President Obama and former Israeli Ambassador Michael Oren, July 2009. Source: White House Photo

Iran Nuke Deal: Is it Game Over for the P5+1?

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Reuters has two reports on  negotiating  hiccups possibly forestalling conclusion of the P5+1 deal with Iran and its nuclear program.  One report indicates another possible extension of the ‘final agreement’ deadline  beyond June 30th.  A related  report  reveals a stiffening position of France, that there will be no deal unless full access is provided to military facilities. As we have heard previously, that is verboten according to Iran’s Supreme Ruler. Thus, are we witnessing the a denouement or simply kicking the can down the road. Either way, President Obama’s legacy  of an opening to  Iran may be slipping from his grasp. Doubtless that may bring up short those EU and U.S. companies poised to  partake tens of billions in development deals under discussion with Islamic Republic should economic sanctions be lifted under the proposed P5+1 deal. If the diplomatic  deal  is cratering, it leaves the question of whether this a momentary speed bump or a finality?  If the latter what options would the US and especially Israel have to deter Iran’s quest for nuclear hegemony?

On the matter of a possible delay in the P5+1 deadline, Reuters noted:

A self-imposed deadline of June 30 for Iran and six major powers to reach a final nuclear deal to resolve a decade-long standoff may be extended, Iran’s state TV reported.

France’s ambassador to the United States, Gerard Araud, said on Tuesday that the deal was not likely by June 30 because technical details would remain to be agreed.

“The deadline might be extended and the talks might continue after the June 30 (deadline),” Iranian senior nuclear negotiator Abbas Araqchi was quoted as saying.

“We are not bound to a specific time. We want a good deal that covers our demands.”

Ambassador Araud said it could take a few weeks of July to complete the technical annexes that are envisaged under an agreement if one can be reached.

Iran and the six powers resumed talks in Vienna on Wednesday to bridge gaps still remaining in their negotiating positions ahead of the deadline.

“The meetings on deputy negotiators level take place in the context of the E3/EU +3’s diplomatic efforts towards a negotiated, comprehensive solution to the Iranian nuclear issue,” the EU said in a statement.

Once, France’s redoubtable Foreign Minister Laurent Fabius exhibited toughness in these negotiations by going public with a demand that could be a deal killer:. Reuters reported:

France’s foreign minister said on Wednesday his country would not back any nuclear deal with Iran unless it provided full access to all installations, including military sites.

“France will not accept (a deal) if it is not clear that inspections can be done at all Iranian installations, including military sites,” Laurent Fabius told lawmakers .

Iran’s supreme leader Ayatollah Ali Khamenei last week ruled out international inspection of Iran’s military sites or access to nuclear scientists under any nuclear agreement. Iran’s military leaders echoed his remarks.

Fabius said he wanted other countries negotiating with Iran in the framework of the so-called P5+1 – also including Britain, China, Germany, Russia and the United States – to adopt France’s position.

“‘Yes’ to an agreement, but not to an agreement that will enable Iran to have the atomic bomb. That is the position of France which is independent and peaceful.”

However, it would be premature to exhibit schaden freude until a possible declaration occurs. The P5+1 side is stacked with cunning appeasers intent on cutting any deal that allows them to achieve economic bounty from development deals, while Iran gets away with an unverifiable and “very bad deal”, as Israeli PM Netanyahu and many GOP members of Congress have said innumerable times. They may have their limited opportunity to vote on a deal under the recently passed bi-parrisan INARA, leaving President Obama to trump their possible negative vote with a veto. But first let’s see if a final agreement is in the offing sometime in July or later. Stay tuned for developments.

EDITORS NOTE: This column originally appeared in the New English Review. The featured image is of negotiators of Iran and six world powers face each other at a table in the historic basement of Palais Coburg hotel in Vienna April 24, 2015. Reuters/Heinz-Peter Bader.

U.S. Senator Cotton’s Letter to Iran’s Leaders Clarified

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When Arkansas junior Senator Tom Cotton sent his open letter on Monday, March 9th to “The Leaders of the Islamic Republic of Iran” signed by 46 other Republican colleagues, 7 declined, it caused a ruckus.

Cotton’s letter endeavored to  remind Iran’s Ayatollah Khamenei, President Rouhani and Foreign Minister Zarif of the Constitutional authorities.  The Executive Branch’s power in Article II, Sec.2 gives  it the right to negotiate foreign agreements. The Legislative Branch, in this case the Senate, must provide its “advise and consent” to treaties on a two-thirds vote and a three-fifths vote in the instances of Congressional-executive agreements. Anything not approved by Congress, such as the current Memorandum of Understanding (MOU) between President Obama and Ayatollah Khamenei is deemed an executive agreement which could end with current term of the President in January 2017. Thus “the next President could revoke the executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time.”

From the President to leading Democratic Senators, the short missive was rebuked as an unwelcome ‘stunt’ interfering with the Executive Branch of government prerogative of engaging in foreign relations.  President Obama considered it “ironic” considering  the signatories of the Cotton letter in league with those notorious hard liners in Tehran.  He alleged they were seeking to upend the MOU. The New York Daily News published a front page  picture of the Cotton letter accusing the signatories of being ‘traitors’.  For the first 48 hours that continued to be the criticism of Sen. Cotton and the GOP leadership in the Senate, with the exception of the 7 who agreed with the White House for different reasons. Senator Corker (R-TN) thought it was unhelpful as he was endeavoring to line up Democratic votes for his Senate Bill 615, The Iran Nuclear Agreement Review Act (INARA) of 2015 co-sponsored by embattled Senator Robert Menendez (D-NJ).

Iranian Foreign Minister Zarif while calling the Cotton letter, “a propaganda ploy” argued:

“I wish to enlighten the authors that if the next administration revokes any agreement with the stroke of a pen, as they boast, it will have simply committed a blatant violation of international law,” according to Iran’s Ministry of Foreign Affairs.

The executive agreement was not bilateral but rather multi-lateral with the rest of the Permanent Members of the UN Security Council, plus Germany, subject to a resolution of the Security Council.

That majority of US international agreements in recent decades are in fact what the signatories describe as “mere executive agreements” and not treaties ratified by the Senate.

That “their letter in fact undermines the credibility of thousands of such mere executive agreements that have been or will be entered into by the US with various other governments.”

Ayatollah Khamenei considered the Cotton letter reflective of the “US disintegration”. According to the Mehr news agency, the Supreme Ruler said:

Of course I am worried. Every time we reach a stage where the end of the negotiations is in sight, the tone of the other side, specifically the Americans, becomes harsher, coarser and tougher. This is the nature of their tricks and deceptions.

Further, he said the letter was ‘a sign of the decay of political ethics in the American system”, and he described as “laughable long-standing U.S. accusations of Iranian involvement in terrorism.”

Jen Psaki 3-11-15 Legal Insurrrection

Source: Legal Insurrection

Notwithstanding the roiling criticism of the Cotton letter, comments by Secretary Kerry at a Senate Armed Services Committee Hearing on Wednesday, echoed those of State Department spokesperson Jen Psaki on Tuesday who said, “historically, the United States has pursued important national security through non-binding arrangements.” Kerry said in his testimony that the Obama Administration was “not negotiating a legally binding plan” but one from “executive to executive,” Politico reported. Kerry insisted such a deal would still “have a capacity of enforcement.” Thus, he confirmed that the proposed Memorandum of Understanding  between the P5+1  and Iran was non-binding on the parties hinging on verification of conditions.  Something hitherto unachievable with the Mullahs who have a tendency to hide developments. This despite representations by President Obama that the negotiations in Geneva were making good progress towards that goal. Kerry said it was non-binding because we currently don’t recognize the Islamic Republic of Iran, passed embargoes arising from the 444 day Tehran US Embassy seizure and hostage taking in 1979 and adopted Congressional sanctions against its nuclear program. Further, the State Department considers the Republic a state sponsor of terrorism, something Ayatollah Khamenei categorically disagrees with as witnessed by his comments on the Cotton letter.  But seeing is believing when it comes to the Shia autocrats in Tehran proficient practitioners of taqiyya, otherwise known as lying for Allah. Iran ‘reformist’ President Hassan Rouhani suggested that diplomacy with the Administration was an active form of “jihad” equivalent to the 2,500 mile range cruise missile Iran unveiled this week.

Two legal experts on the matter of executive agreements disagreed with the position of Iranian Foreign Minister Zarif and Secretary Kerry in the context of the Cotton letter. Daniel Wiser writing in the Washington Free Beacon asserted  that Cotton was correct and Zarif wrong. They concurred that future US Presidents could revoke the agreement over a bad deal, meaning, violation of provisions by Iran:

Jeremy Rabkin, a law professor at George Mason University and an expert in international law and Constitutional history, said in an email that “nonbinding” by definition means that the United States “will not violate international law if we don’t adhere to its terms”—contrary to Zarif’s assertion.

“In other words we’re saying it is NOT an international obligation, just a statement of intent,” he said.

“What Kerry seemed to say was not that his Iran deal would be in the same category but that it would not be legally binding in any sense, just a kind of memorandum of understanding,” Rabkin said. “I wonder whether he understood what he was saying. It was more or less conceding that what Cotton’s letter said was the administration’s own view—that the ‘agreement’ with Iran would not be legally binding, so (presumably) not something that could bind Obama’s successor.”

Cotton responded with a Tweet, saying:

Important question: if deal with Iran isn’t legally binding, then what’s to keep Iran from breaking said deal and developing a bomb?

Wiser then cites a National Review article by a second legal expert, John Yoo, a law professor at University of California, Berkeley and a former Justice Department official in the George W. Bush Administration:

The Cotton letter is right, because if President Obama strikes a nuclear deal with Iran using only [an executive agreement], he is only committing to refrain from exercising his executive power—i.e., by not attacking Iran or by lifting sanctions under power delegated by Congress. Not only could the next president terminate the agreement; Obama himself could terminate the deal.  Obama’s executive agreement cannot prevent Congress from imposing mandatory, severe sanctions on Iran without the possibility of presidential waiver (my preferred solution for handling the Iranian nuclear crisis right now). Obama can agree to allow Iran to keep a nuclear-processing capability; Congress can cut Iran out of the world trading and financial system.

But the fracas over Cotton’s letter continued unabated. An unidentified resident of Bogota, N.J.  “C.H.” shot off a petition to the Obama White House website, “We the People,” expressing the view that the 47 signers were in violation of the 1799 Logan Act and may have jeopardized achievement of a nuclear agreement with Iran.  Further “C.H.” contended that the Republican Senators might be subject to possible criminal actions brought under provisions of the hoary law that private individuals are barred from engaging in foreign relations. The petition took off like a rocket with upwards of 165,000 signatures heading for over 200,000 in less than 48 hours. That will allegedly require a response by the President, as witnessed by an earlier petition on support for medical marijuana.

But “C.H.” is wrong. Members of Congress in either chamber are exempt from that restriction. Moreover, there have been a number of instances where the many of the Democratic Congressional and Administration critics of Cotton and his Republican colleagues have engaged in private foreign relations episodes.  Among those who undertook such actions were Vice President Biden, Secretary Kerry when they were Senators and current House Minority leader Nancy Pelosi, and the late Teddy Kennedy.  In Pelosi’s case, following her assumption of the House Speakership in 2006, she went off to Damascus in 2007 to sit with President Bashar Assad, despite the protestations of the Bush Administration who were trying to isolate the Syrian dictator.  However,  Republicans have done the same thing when it also suited their political purposes.

Finally, there was another groundswell campaign seeking to gain passage of Sen. Corker’s INARA.  Christians United for Israel (CUFI) flooded Capitol Hill with more than 57,000 emails from members across the US in support of passage of INARA because they were worried about Iran’s possession of nuclear capabilities.  The CUFI initiative was triggered by the March 3rd address by Israeli Prime Minister Netanyahu before a Joint Meeting of Congress  who made it abundantly clear that he believed the Administration’s 10 year phased deal was a “very bad deal.”

 writing in the Legal Insurrection blog about the Cotton letter controversy concluded:

And to think, all of that wailing and gnashing of teeth from Democrats wasted over a non-binding agreement, one that would have absolutely no legal sway over Iran.

RELATED ARTICLES:

What You Need to Know About the White House’s Talks With Iran

Is Obama Sidestepping Congress and Going to UN on Iran Deal?

Iranian President: Diplomacy with U.S. is an active jihad

Saudi Nuclear Deal Raises Stakes for Iran Talks

EDITORS NOTE: This column originally appeared in the New English Review. The featured image is of Sen. Tom Cotton (R-AK) poses for photographers in his office on Capitol Hill in Washington, Wednesday, March 11, 2015. Source: Carolyn Kaster— AP.

Bibigate – The Contretemps over Netanyahu’s Speech to Congress on Iran’s Nuclear Program

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Last Saturday night a retired U.S. Navy officer said “I’ll bet you even money that Bibi will withdraw from the proposed speech before a joint session of Congress”. I joshed him and said “I wouldn’t count on it.”

Sunday, I received suggestions that Israeli Prime Minister Netanyahu should have a Plan B given the rising contretemps in the media over US House Speaker John Boehner’s invitation to talk about Iran before a Joint Session of Congress. There  was a welter of criticism from the White House, Minority Leader Nancy Pelosi and mainstream media talking heads  included David Brooks of the New York Times and  Chris Wallace and Shepherd Smith of  FoxNews.  They were admonishing Speaker Boehner and Israeli Ambassador Ron Dermer with terms like “dicey, wicked more for photo op” and “partisan politics” and “unwise for Israel.”  It was ostensibly about the lack of courtesy shown the President by not giving prior notice to the White House of the invitation extended to Netanyahu.  There was pique by certain unnamed senior officials in the White House over what some might call Bibigate.

However, let us remember there was increasing  bi-partisan support for new Iran nuclear sanctions legislation despite  the President’s warning that he would veto it if it was passed. New Jersey Democratic Senator Bob Menendez was particularly incensed at the President for his questioning his motivations.  Menendez said: “The more I hear from the administration and its quotes, the more it sounds like talking points that come straight out of Tehran. And it feeds to the Iranian narrative of victimization, when they are the ones with the original sin.”  Lest, we forget, the President had threatened a veto if increased Iran legislation passed.  It was abundantly clear in the January 16th Joint Press Conference at the White House when the President Obama agreed with UK PM David Cameron’s remarks, urging Senators on Capitol Hill not to take up new sanctions legislation at a “sensitive time”. Thus, one could speculate that Speaker Boehner’s invitation to Netanyahu on January 21st to speak to a Joint Session of Congress in early March was a rebuttal to the President.

The rancor over Bibigate was visible in the final week of January into February.  Wednesday, January 28th, CNN released a clip of Fareed Zakaria’s February 1st GPS interview with President Obama.  Obama suggested that a visit with Netanyahu was “inappropriate,” as it was too close to the upcoming March Knesset elections.  The President said, “I’m declining to meet with him simply because our general policy is, we don’t meet with any world leader two weeks before their election, [I] think that’s inappropriate. And that’s true with some of our closest allies.”  Those comments engendered another rebuttal that the White House may have been giving tacit support to the involvement of Presidential Campaign aide Jim Byrd in advising the Labor-Hanuat opposition to Netanyahu in the Knesset general elections.

Friday, January 30th, Jeffrey Goldberg published an interview in The Atlantic with Israeli Ambassador to Washington, Ron Dermer, a former US Republican strategist and member of the Netanyahu’s inner circle.   Dermer discussed the background for Boehner’s issuance of the invitation to Netanyahu to speak to Congress on Iran. Dermer suggested that while the Prime Minister “meant no disrespect towards President Obama … Netanyahu must speak up while there is still time to speak up”.

That led Cornell Law Professor William Jacobson on the blog Legal Insurrection to opine that Obama’s not offended; he just wants Bibi out of office.

The Hill round up on the Sunday Talk shows had comments from Rep. Paul Ryan on NBC’s “Meet the Press” and Arizona Senator John McCain on CNN’s “State of The Union.”  Over the issue of Speaker Boehner’s invitation to Netanyahu Ryan said,” The Invitation to Israeli prime minister was ‘absolutely’ appropriate. I don’t know if I would say it’s antagonizing”.  McCain drew attention to the new low in U.S. – Israel relations under Obama saying, “It’s the worst that I’ve ever seen in my lifetime.”

Virtually out of nowhere, Sunday, February 1st, commentary from an “Insight” blog post of the Israeli Institute for National Security Strategic Studies at Tel Aviv University shed light on a bizarre theory of what was behind Bibigate.  The author of the INSS post, Zaki Shalom, suggested:

The backdrop for the Administration’s expressed dissatisfaction with Israeli Prime Minister Netanyahu’s intention to present his position on negotiations with Iran to Congress, creating a rather transparent linkage between Israel’s positions on negotiations with Iran and sanctions, and U.S. willingness to assist in combating the Palestinian attempt to exert international legal and diplomatic pressure on Israel.

On Thursday, January 30, 2015, the Senate Banking Committee voted out a ‘softer’ version of the Kirk –Menendez Sanctions legislation by a vote of 18 to 4, including six Democrats.  As reported by The Hill, the legislation:

… Would impose sanctions on Iran if a comprehensive agreement to roll back its nuclear program is not reached by June 30 and would allow the president to waive sanctions indefinitely for 30 days at a time.

However, the bill would be shelved until March 24th for a possible floor vote.  Senator Bob Corker (R-TN) said, “All of us understand it’s not going to be voted on before March 24”. While the measure may portend a possible override vote should President Obama veto it that still requires Senator Menendez to keep the group of 17 Democratic Senators who support this version of sanctions legislation in the bi-partisan alliance.

Israeli concern over a weak final agreement by March 24th  is reflected  in a Times of Israel report published  Sunday, February 1st,” US sources deride Israeli ‘nonsense’ on Obama giving in to Iran.”  Israeli  sources contend that Iran is likely to get 80 % of what it is seeking- the ability to continue enrichment with  upwards of 9,000 centrifuges, especially the advanced IR-2s. The Israelis believe that would give Iran nuclear breakout within weeks.  Add to that mix Iran flaunting pictures in a ToA  report of a Medium Range Ballistic Missile (MRBM) capable of covering all of Europe. That is to be followed in 2015 to 2016 by one cap ICBM range. Of course there a number of us who believe that Iran may already have purchased nuclear weapons from rogue regimes, but may lack nuclear warheads, which are likely to be supplied by North Korea to be mounted on those ICBMs.

Especially as the President observed, there is less than a 50/50 chance of reaching an agreement. Then assuming the current polls are correct and Bibi retains the ability to form a new Knesset coalition after the March 17th election, he may speak with both authority and strength.

As a usual astute observer of Israel from Europe, Imre Herzog, opined when I wrote him on my side bet “you might win the bet”.

EDITORS NOTE: This column originally appeared in the New English Review. The featured image is of U.S. House Speaker John Boehner and Israeli PM Benjamin Netanyahu. Washington Times File Photo  5-24-2011.

Obama’s Faceoffs with Putin and Netanyahu

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Washington was the center of contretemps over Putin’s seizure of Crimea and widening public differences with visiting Israeli Prime Minister Netanyahu

We recently interviewed Michael Rubin of the American Enterprise Institute and reviewed of his new book Dancing with the Devil: The Perils of Engaging Rogue Regimes. (See The Peril of Engaging Rogue States: An Interview with Dr. Michael Rubin  and Engagement is Folly}.

Putin, according to Rubin is the consummate zero sum geo -politician. Diplomacy for the Kremlin thugocracy pales in comparison to unleashing military adventurism to recreate the former Soviet empire. Witness Georgia in 2008 with the severance of South Ossetia, Abkhazia and even the Kremlin support for Russian speaking breakaway state of Transnistria between the Ukraine and Moldavia. Remember Putin abhors NATO presence anywhere near the Russian sphere of influence. See the prescient title of a piece I wrote back in August 2008, Georgia: “Moscow Rules” and the West Wimps Out.  We had Bush and Condoleezza Rice back then.

The 1991 Strategic Arms Reduction Treaty (START) witnessed the transfer of nearly 2000 nuclear missiles to Russia followed by 1994 Budapest Memorandum on Security Assurances by the UK, US and Russia that guaranteed Ukrainian sovereignty including the rights of Russian citizens who chose to live there.  Recently Russia negotiated the extension of the lease on the Black Sea naval base in Sevastopol from 2017 to 2042. The move was heavily criticized by the opposition forces now in power in Kiev.  By seizing the Crimea province from Ukraine, the Russian guarantee of Ukrainian sovereignty has been breached. Russian military exercises near Finland and the Ukraine are clear demonstrations of military force to send a message to the EU and the Obama White House West Wing not to dare send NATO forces to the Polish Ukrainian border. Thus, while there will be lots of economic sanctions and isolation rattling by Washington and Brussels, it is up to the G-8 and G-20 groups to consider ejection of Moscow, which will doubtless come up short.

Sochi may lose tourist revenues from the upcoming Paralympics, followed by the loss of the G-8 Summit in June and even the inaugural Russian Formula 1 race scheduled for August 2014.  Meanwhile the Moscow Stock Exchange and Ruble were punished in trading today. Whether that continues will be influenced by Putin’s contempt for the West and the threats by Obama that “there will be consequences”.  So, while Obama’s Russian reset strategy like his pivot to Asia and push for a Final Status agreement between Israel and the PA have been potential failures.

Just look at the interview with Obama by Bloomberg’s Jeffrey Goldberg about the President’s entreaties to Netanyahu to “seize the moment and make peace”. This included  a veiled no veto threat by the US should the PA, as suggested in the Oxford Union remarks of PA negotiator Saeb Erekat on Al Jazeera’s Head to Head program of last Friday,  might opt for accession to the UN Security Council for statehood.

This would let 5 million Palestinian UNWRA refugees file for compensation against Israel.  Further, the PA could file a case for crimes against humanity brought before the International Criminal Court at The Hague the day after the April 29 deadline is passed for an agreement set by Secretary of State Kerry.  Even the brief comments by Obama and Netanyahu in the Oval Office about “tough choices” versus non helpful Palestinian moves sent a chilling message.  (See this CBS news report, here).

Tomorrow, we shall see what happens when Netanyahu speaks to 14,000 delegates at the AIPAC Policy Conference following Sen. Bob Menendez’s (D-NJ)   speech. They would urge the delegates to scamper up Capitol Hill to convince their Senators and Representatives to pass the Nuclear Weapons Free Iran Act, S. 1881 co-sponsored by Sens. Mark Kirk (R-IL) and Menendez. Problem is that Iran may already have its nukes given a decade long cooperative weapons development and ICBM program with North Korea. Read my article; Has Iran Developed Nuclear Weapons in North Korea?

As to Israel’s capabilities, realize that it already has ICBMs – the nuclear equipped Jericho III.  Yes, as the ancient Chinese curse goes, “may you live in interesting times”.

RELATED COLUMN: ‘Delusional’: Krauthammer Slams Obama Admin’s Belief that Putin has ‘Blinked’ on Ukraine

EDITORS NOTE: This column originally appeared on The New English Review.